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药家鑫案中被害人与被告人不存在恩怨纠葛,被害人死亡的原因及被告人行凶的手法虽令大众愤怒,但以上不应作为人民法院在司法过程中量刑的考量的重点。量刑时过度考虑社会效果会侵害个体效果。而社会效果的作用在个案中无疑被媒体滥用监督权力后夸大。独生子女这一情节应在涉及可能判处死刑时作为量刑考虑。
Although there is no grievance or entanglement between the victim and the defendant in the case of drug family medicine, the cause of the victim’s death and the way in which the defendant committed the act of committing the offense are generally indignant. However, the above should not be the focus of consideration given by the people’s court in the judicial process. Excessive consideration of social effects during sentencing will infringe on individual effects. The role of social effects in the case is undoubtedly exaggerated by the media abuse of oversight powers. The one-child episode should be considered as a sentencing when it comes to possible death penalty.